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Nidalina Group Ponzi Scheme — Client Released from Custody

Economic & Corporate Crime · 2021-03-22

Our client was arrested in connection with the Nidalina Group case — an alleged Ponzi scheme that had attracted investors across Italy. Despite the high-profile nature of the investigation and the large sums involved, we secured his release from custody by demonstrating that his role in the scheme did not attract personal criminal liability.

The Nidalina Group investigation

The Nidalina Group was an investment scheme that promised exceptional returns to a large number of Italian investors. When the scheme collapsed, it was characterised by the prosecuting authorities as a Ponzi scheme — using new investors' funds to pay earlier investors' returns while misappropriating the capital. Our client had a role within the Nidalina Group structure but disputed that his specific function made him criminally responsible for the fraudulent scheme.

Defence strategy

In multi-defendant proceedings of this nature, each defendant's liability must be assessed individually. We constructed a defence that demonstrated our client's specific role within the organisation was limited to legitimate operational functions, that he had no knowledge of the fraudulent nature of the overall scheme, and that the evidence linking him to the criminal plan fell below the standard required for conviction. We also challenged the sufficiency of the evidence supporting continued pre-trial detention.

In a large financial fraud case with multiple defendants, the prosecution often treats all participants as equally culpable. Our job is to extract our client from the group by proving, with evidence, that their specific position and knowledge was fundamentally different.

Outcome

Our client was released from custody. The defence that his personal role did not establish criminal liability for the Ponzi scheme was accepted by the court. The criminal proceedings against other defendants are ongoing.

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